Sentencing continued in Kings Lane burglary
September 12, 2018
Sentencing was continued for a month in the case of a 19-year-old Gardnerville man who admitted to burglary of a firearm and battery on a deputy.
Michael Luis Cota Jr. faces up to 16 years in prison on the two charges.
On Monday, defense attorney John Malone argued that the inclusion of a five-year-old psychiatric report on Cota in the open court file constituted a transgression against his client's privacy.
Malone is seeking to have prosecutor Matt Johnson's sentencing memo stricken from the record.
Johnson argued that there was nothing in the memo that Malone or the court could not obtain.
District Judge Tom Gregory took the motion to strike under advisement and said he would issue a ruling soon.
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Malone said an evaluation for his client fell through and that he had another evaluation scheduled, but he needed more time for that to happen.
Cota admitted to the July 6 battery on a deputy, which carries a sentence of 1-6 years.
He was arrested May 1 in connection with a February burglary of a firearm in Kings Lane. Cota faces up to 10 years in prison in that incident.
Under a plea deal, prosecutors agreed to recommend 12-60 months in prison. He could also get probation. Cota is scheduled to be sentenced on Oct. 8.